AB130: Bill Text Engrossed

AB130-engrossed,318,14 7. A statement of the conditions with which the juvenile is required to comply.

AB130-engrossed,318,19 (c) If school attendance is a condition of an order under par. (b) 7., the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district in which the juvenile is enrolled to notify the county department that is responsible for supervising the juvenile within 5 days after any violation of the condition by the juvenile.

AB130-engrossed,318,21 (d) The court shall provide a copy of the dispositional order to the juvenile's parent, guardian or trustee.

AB130-engrossed,319,2 (2c) Reasonable efforts standards. (a) When a court makes a finding under sub. (2) (b) 6. as to whether a county department which provides social services or the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to prevent the removal of the juvenile from his or her home, the court's consideration of reasonable efforts shall include, but not be limited to, whether:

AB130-engrossed,319,5 1. A comprehensive assessment of the family's situation was completed, including a determination of the likelihood of protecting the juvenile's welfare effectively in the home.

AB130-engrossed,319,6 2. Financial assistance, if applicable, was provided to the family.

AB130-engrossed,319,9 3. Services were offered or provided to the family, if applicable, and whether any assistance was provided to the family to enable the family to utilize the services. Examples of the types of services that may have been offered include:

AB130-engrossed,319,10 a. In-home support services, such as homemakers and parent aides.

AB130-engrossed,319,11 b. In-home intensive treatment services.

AB130-engrossed,319,13 c. Community support services, such as day care, parenting skills training, housing assistance, employment training and emergency mental health services.

AB130-engrossed,319,14 d. Specialized services for family members with special needs.

AB130-engrossed,319,16 4. Monitoring of client progress and client participation in services was provided.

AB130-engrossed,319,18 5. A consideration of alternative ways of addressing the family's needs was provided, if services did not exist or existing services were not available to the family.

AB130-engrossed,319,25 (b) When a court makes a finding under sub. (2) (b) 6. as to whether the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to make it possible for the juvenile to return to his or her home, the court's consideration of reasonable efforts shall include, but not be limited to, the considerations listed under par. (a) 1. to 5. and whether visitation schedules between the juvenile and his or her parents were implemented, unless visitation was denied or limited by the court.

AB130-engrossed,320,8 (2e) Permanency plans; filing; amended orders; copies. (a) If a permanency plan has not been prepared at the time the dispositional order is entered, or if the court orders a disposition that is not consistent with the permanency plan, the agency responsible for preparing the plan shall prepare a permanency plan that is consistent with the order or revise the permanency plan to conform to the order and shall file the plan with the court within the time specified in s. 938.38 (3). A permanency plan filed under this paragraph shall be made a part of the dispositional order.

AB130-engrossed,320,13 (b) Each time a juvenile's placement is changed under s. 938.357 or a dispositional order is revised under s. 938.363 or extended under s. 938.365, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed under this paragraph shall be made a part of the court order.

AB130-engrossed,320,17 (c) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the juvenile's parent or guardian, to the juvenile or the juvenile's counsel or guardian ad litem and to the person representing the interests of the public.

AB130-engrossed,320,23 (2m) Transitional placements. The court order may include the name of transitional placements, but may not designate a specific time when transitions are to take place. The procedures of ss. 938.357 and 938.363 shall govern when such transitions take place. The court, however, may place specific time limitations on interim arrangements made for the care of the juvenile pending the availability of the dispositional placement.

AB130-engrossed,321,3 (3) Parental visitation. If, after a hearing on the issue with due notice to the parent or guardian, the court finds that it would be in the best interest of the juvenile, the court may set reasonable rules of parental visitation.

AB130-engrossed,321,6 (3m) Orders based on evidence. Dispositional orders under s. 938.343 or 938.344 shall be based upon the evidence except that this subsection does not require a dispositional hearing for the disposition of an uncontested citation.

AB130-engrossed,321,15 (4) Termination of orders. (a) Except as provided under par. (b) or s. 938.368, all orders under this section shall terminate at the end of one year unless the court specifies a shorter period of time. Except if s. 938.368 applies, extensions or revisions shall terminate at the end of one year unless the court specifies a shorter period of time. No extension under s. 938.365 of an original dispositional order may be granted for a juvenile who is subject to an order under s. 938.34 (4h), (4m) or (4n) if the juvenile is 17 years of age or older when the original dispositional order terminates. Any order made before the juvenile reaches the age of majority shall be effective for a time up to one year after its entry unless the court specifies a shorter period of time.

AB130-engrossed,321,23 (b) An order under s. 938.34 (4h) or (4m) for which a juvenile has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 938.34 (4m) apply for up to 2 years or until the juvenile's 18th birthdate, whichever is earlier and the judge shall make an order under s. 938.34 (4h) apply for 5 years, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class B felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

AB130-engrossed,322,4 (4m) Expungement of record. A juvenile who has been adjudged delinquent may, on attaining 17 years of age, petition the court to expunge the court's record of the juvenile's adjudication. The court may expunge the court's record of the juvenile's adjudication if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit and society will not be harmed by the expungement.

AB130-engrossed,322,6 (5) Effect of court order. Any party, person or agency who provides services for the juvenile under this section shall be bound by the court order.

AB130-engrossed,322,22 (6) Sanctions for violation of order; delinquency or civil law or ordinance violation. (a) If a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d) if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions. Subject to sub. (6m), if a juvenile who has been found to be in need of protection or services under s. 938.13 violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d), other than placement in a secure detention facility or juvenile portion of a county jail, if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions. The court may not order the sanction of placement in a place of nonsecure custody specified in par. (d) 1. unless the court finds that the agency primarily responsible for providing services for the juvenile has made reasonable efforts to prevent the removal of the juvenile from his or her home and that continued placement of the juvenile in his or her home is contrary to the welfare of the juvenile.

AB130-engrossed,323,2 (am) If a juvenile who has violated a civil law or ordinance violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d) 2. to 4. if, at the dispositional hearing under s. 938.355, the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under par. (d) for a violation.

AB130-engrossed,323,9 (b) A motion for imposition of a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the district attorney or corporation counsel or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. Notice of the motion shall be given to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian and all parties present at the original dispositional hearing.

AB130-engrossed,323,11 (c) Before imposing any sanction, the court shall hold a hearing, at which the juvenile is entitled to be represented by legal counsel and to present evidence.

AB130-engrossed,323,14 (d) The court may order any of the following sanctions as a consequence for any incident in which the juvenile has violated one or more conditions of his or her dispositional order:

AB130-engrossed,323,22 1. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed.

AB130-engrossed,324,3 2. Suspension of or limitation on the use of the juvenile's operating privilege, as defined under s. 340.01 (40), or of any approval issued under ch. 29 for a period of not more than 90 days. If the court suspends the juvenile's operating privileges or an approval issued under ch. 29, the court shall immediately take possession of the suspended license or approval and forward it to the department that issued it, together with the notice of suspension.

AB130-engrossed,324,7 3. Detention in the juvenile's home or current residence for a period of not more than 20 days under rules of supervision specified in the order. An order under this subdivision may require the juvenile to be monitored by an electronic monitoring system.

AB130-engrossed,324,9 4. Not more than 25 hours of uncompensated participation in a supervised work program or other community service work under s. 938.34 (5g).

AB130-engrossed,325,12 (6d) Short-term detention for violation of order. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subsection, if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker may, without a hearing, take the juvenile into custody and place the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by the caseworker for not more than 72 hours as a sanction, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that sanction. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subsection, if a juvenile who has been found to be in need of protection or services under s. 938.13 violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker may, without a hearing, take the juvenile into custody and place the juvenile in a place of nonsecure custody designated by the caseworker for not more than 72 hours as a sanction, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that sanction. If a juvenile is held in a secure detention facility, juvenile portion of a county jail or place of nonsecure custody for longer than 72 hours, the juvenile is entitled to a hearing under sub. (6) (c) or s. 938.21. The hearing shall be conducted in the manner provided in sub. (6) or s. 938.21, except that for a hearing under s. 938.21 the hearing shall be conducted within 72 hours, rather than 24 hours, after the time that the decision to hold the juvenile was made and a written statement of the reasons for continuing to hold the juvenile in custody may be filed rather than a petition under s. 938.25.

AB130-engrossed,325,23 (6g) Contempt for continued violation of order. (a) If a juvenile upon whom the court has imposed a sanction under sub. (6) (a) commits a 2nd or subsequent violation of a condition specified in sub. (2) (b) 7., the district attorney may file a petition under s. 938.12 charging the juvenile with contempt of court, as defined in s. 785.01 (1), and reciting the disposition under s. 938.34 sought to be imposed. The district attorney may bring the motion on his or her own initiative or on the request of the court that imposed the condition specified in sub. (2) (b) 7. or that imposed the sanction under sub. (6) (a). If the district attorney brings the motion on the request of the court that imposed the condition specified in sub. (2) (b) 7. or that imposed the sanction under sub. (6) (a), that court is disqualified from holding any hearing on the contempt petition.

AB130-engrossed,326,3 (b) The court may find a juvenile in contempt of court, as defined in s. 785.01 (1), and order a disposition under s. 938.34 only if the court makes all of the following findings:

AB130-engrossed,326,6 1. That the juvenile has previously been sanctioned under sub. (6) (a) for violating a condition specified in sub. (2) (b) 7. and, subsequent to that sanction, has committed another violation of a condition specified in sub. (2) (b) 7.

AB130-engrossed,326,9 2. That at the sanction hearing the court explained the conditions to the juvenile and informed the juvenile of a possible finding of contempt for a violation and the possible consequences of that contempt.

AB130-engrossed,326,10 3. That the violation is egregious.

AB130-engrossed,326,12 4. That the court has considered less restrictive alternatives and found them to be ineffective.

AB130-engrossed,327,7 (6m) Sanctions for violation of order: habitual truancy. (a) If a juvenile who has been found in need of protection or services based on habitual truancy from school violates a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in this paragraph and the dispositions specified in s. 938.342 (1) (b) to (e) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained that condition to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation. The court may order as a sanction suspension of the juvenile's operating privilege, as defined under s. 340.01 (40), for not more than one year. If the juvenile does not hold a valid operator's license under ch. 343, other than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under this paragraph, the court may order the suspension to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or 2 years after the date of the order issued under this paragraph, whichever occurs first. If the court suspends an operating privilege under this paragraph, the court shall immediately take possession of the suspended license and forward it to the department of transportation with a notice stating the reason for and the duration of the suspension.

AB130-engrossed,327,15 (b) A motion for the imposition of a sanction under par. (a) may be brought by the person or agency primarily responsible for providing dispositional services to the juvenile, the administrator of the school district in which the juvenile is enrolled or resides, the district attorney, the corporation counsel or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. Notice of the motion shall be given to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian and all parties present at the original dispositional hearing.

AB130-engrossed,327,19 (c) Before imposing a sanction under par. (a), the court shall hold a hearing at which the juvenile is entitled to be represented by legal counsel and to present evidence. The hearing shall be held within 15 days after the filing of a motion under par. (b).

AB130-engrossed,327,23 (7) Orders applicable to parents, guardians, legal custodians and other adults. In addition to any dispositional order entered under s. 938.34 or 938.345, the court may enter an order applicable to a juvenile's parent, guardian or legal custodian or to another adult, as provided under s. 938.45.

AB130-engrossed,328,4 938.356 Duty of court to warn. (1) Whenever the court orders a juvenile to be placed outside his or her home because the juvenile has been adjudged to be in need of protection or services under s. 938.345, 938.357, 938.363 or 938.365, the court shall orally inform the parent or parents who appear in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the juvenile to be returned to the home.

AB130-engrossed,328,7 (2) In addition to the notice required under sub. (1), any written order which places a juvenile outside the home under sub. (1) shall notify the parent or parents of the information specified under sub. (1).

AB130-engrossed,329,4 938.357 Change in placement. (1) The person or agency primarily responsible for implementing the dispositional order may request a change in the placement of the juvenile, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to the juvenile or the juvenile's counsel or guardian ad litem, parent, foster parent, guardian and legal custodian. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. Any person receiving the notice under this subsection or notice of the specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements shall not be changed until 10 days after such notice is sent to the court unless the parent, guardian or legal custodian and the juvenile, if 12 or more years of age, sign written waivers of objection, except that placement changes which were authorized in the dispositional order may be made immediately if notice is given as required in this subsection. In addition, a hearing is not required for placement changes authorized in the dispositional order except where an objection filed by a person who received notice alleges that new information is available which affects the advisability of the court's dispositional order. If a hearing is held under this subsection and the change in placement would remove a juvenile from a foster home, the foster parent may submit a written statement prior to the hearing.

AB130-engrossed,329,13 (2) If emergency conditions necessitate an immediate change in the placement of a juvenile placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the juvenile to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in sub. (1). The notice shall, however, be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1). In emergency situations, the juvenile may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as in any placement authorized under s. 938.34 (3).

AB130-engrossed,330,7 (2m) The juvenile, parent, guardian, legal custodian or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which affects the advisability of the current placement. This request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion. The court shall hold a hearing on the matter prior to ordering any change in placement under this subsection if the request states that new information is available which affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under sub. (1) and the court approves. If a hearing is scheduled, the court shall notify the juvenile, parent, foster parent, guardian, legal custodian and all parties who are bound by the dispositional order at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all the parties consent, the court may proceed immediately with the hearing. If a hearing is held under this subsection and the change in placement would remove a juvenile from a foster home, the foster parent may submit a written statement prior to the hearing.

AB130-engrossed,330,17 (3) If the proposed change in placement would involve placing a juvenile, other than a juvenile on aftercare, in a secured correctional facility under the supervision of the department or in a secured child caring institution, notice shall be given as provided in sub. (1). A hearing shall be held, unless waived by the juvenile, parent, guardian and legal custodian, before the judge makes a decision on the request. The juvenile shall be entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the judge finds, on the record, that the conditions set forth in s. 938.34 (4m) have been met.

AB130-engrossed,331,2 (4) (a) When the juvenile is placed with the department, the department may, after an examination under s. 938.50, place the juvenile in a secured correctional facility or a secured child caring institution or on aftercare supervision, either immediately or after a period of placement in a secured correctional facility or a secured child caring institution. The department shall send written notice of the change to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. A juvenile who is placed in a secured child caring institution remains under the supervision of the department, remains subject to the rules and discipline of that department and is considered to be in custody, as defined in s. 946.42 (1) (a).

AB130-engrossed,331,14 (b) If a juvenile who is placed in a secured child caring institution violates a condition of his or her placement in the secured child caring institution, the child welfare agency operating the secured child caring institution shall notify the department, and the department, without a hearing under sub. (1), may return the juvenile to a secured correctional facility or place the juvenile in a secure detention facility for not more than 30 days as a sanction for that violation. The department shall send written notice of the change to the parent, guardian, legal custodian and committing court. If a juvenile is returned to a secured correctional facility or placed in a secure detention facility under this paragraph, the child welfare agency operating the secured child caring institution in which the juvenile was placed shall reimburse the department or county for the cost of the juvenile's care while placed in the secured correctional facility or secure detention facility under this paragraph.

AB130-engrossed,331,19 (c) The child welfare agency that is operating a secured child caring institution in which a juvenile has been placed under par. (a) may place the juvenile in a less restrictive placement, and may replace in the secured child caring institution that juvenile, without a hearing under sub. (1). The child welfare agency shall establish a rate for each type of placement in the manner provided in s. 46.037.

AB130-engrossed,332,3 (4g) (a) Not later than 120 days after the date on which the juvenile is placed in a secured correctional facility under the supervision of the department or in a secured child caring institution, or not less than 30 days before the date on which the department determines that the juvenile is eligible for release to aftercare supervision, whichever is earlier, the aftercare provider designated under s. 938.34 (4n) shall prepare an aftercare plan for the juvenile. If the aftercare provider designated under s. 938.34 (4n) is a county department, that county department shall submit the aftercare plan to the department within the time limits specified in this paragraph, unless the department waives those time limits under par. (b).

AB130-engrossed,332,17 (b) The department may waive the time period within which an aftercare plan must be prepared and submitted under par. (a) if the department anticipates that the juvenile will remain in the secured correctional facility or secured child caring institution for a period exceeding 8 months or if the juvenile is subject to s. 938.183 (2). If the department has waived the time period within which an aftercare plan must be prepared and submitted and if there will be a reasonable time period after release from the secured correctional facility or secured child caring institution during which the juvenile may remain subject to court jurisdiction, the department shall notify the county department providing aftercare supervision of the anticipated release date not less than 60 days before the date on which the juvenile will be eligible for release. If the department waives the time limits specified under par. (a), the aftercare plan shall be prepared by the department or prepared and submitted by the county department providing aftercare supervision on or before the date on which the juvenile becomes eligible for release.

AB130-engrossed,332,19 (c) An aftercare plan prepared under par. (a) or (b) shall include all of the following:

AB130-engrossed,332,20 1. The minimum number of supervisory contacts per week.

AB130-engrossed,332,22 2. The conditions, if any, under which the juvenile's aftercare status may be revoked.

AB130-engrossed,332,23 3. Services or programming to be provided to the juvenile while on aftercare.

AB130-engrossed,332,25 4. The estimated length of time that aftercare supervision and services shall be provided to the juvenile.

AB130-engrossed,333,3 (d) A juvenile may be released from a secured correctional facility or a secured child caring institution whether or not an aftercare plan has been prepared under this subsection.

AB130-engrossed,333,6 (4m) The department shall try to release a juvenile to aftercare supervision under sub. (4) within 30 days after the date the department determines the juvenile is eligible for the release.

AB130-engrossed,333,10 (5) (a) The department or a county department, whichever has been designated as a juvenile's aftercare provider under s. 938.34 (4n), may revoke the aftercare status of that juvenile. Revocation of aftercare supervision shall not require prior notice under sub. (1).

AB130-engrossed,333,12 (b) A juvenile on aftercare status may be taken into custody only as provided in ss. 938.19 to 938.21.

AB130-engrossed,333,14 (c) The juvenile shall be entitled to representation by counsel at all stages of the revocation proceeding.

AB130-engrossed,333,19 (d) A hearing on the revocation shall be conducted by the division of hearings and appeals in the department of administration within 30 days after the juvenile is taken into custody for an alleged violation of the conditions of the juvenile's aftercare supervision. This time limit may be waived only upon the agreement of the aftercare provider, the juvenile and the juvenile's counsel.

AB130-engrossed,333,23 (e) If the hearing examiner finds that the juvenile has violated a condition of aftercare supervision, the hearing examiner shall determine whether confinement in a secured correctional facility or a secured child caring institution is necessary to protect the public or to provide for the juvenile's rehabilitation.

AB130-engrossed,334,3 (f) Review of a revocation decision shall be by certiorari to the court by whose order the juvenile was placed in a secured correctional facility or a secured child caring institution.

AB130-engrossed,334,8 (g) The department shall promulgate rules setting standards to be used by a hearing examiner to determine whether to revoke a juvenile's aftercare status. The standards shall specify that the burden is on the department or county department seeking revocation to show to a reasonable certainty by the greater weight of the credible evidence that the juvenile violated a condition of aftercare supervision.

AB130-engrossed,334,19 (5m) If a proposed change in placement changes a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department under s. 46.25 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 46.10 (14).

AB130-engrossed,334,21 (6) No change in placement may extend the expiration date of the original order.

AB130-engrossed,335,8 938.36 Payment for services. (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the juvenile by a disposition made under s. 938.183 (2), 938.34 or 938.345 or by a change in placement under s. 938.357, the duty of the parent or guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the juvenile shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department, or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).

AB130-engrossed,335,17 (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department, or the county child and spousal support agency, under s. 46.25 (2m). If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

AB130-engrossed,336,2 (2) If a juvenile whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost thereof, if ordered by the court, shall be a charge upon the county. This section does not prevent recovery of the cost of providing educational programming for a child who is placed in a secure detention facility from the school district in which the child resides. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the juvenile as the court may order based on the ability of the parent or guardian to pay. This subsection is subject to s. 46.03 (18).

AB130-engrossed,336,4 (3) In determining county liability, this section does not apply to services specified in ch. 115.

AB130-engrossed,336,6 938.361 Payment for alcohol and other drug abuse services. (1) In this section:

AB130-engrossed,336,7 (a) "Alcohol and other drug abuse services" means all of the following:

AB130-engrossed,336,9 1. Any alcohol or other drug abuse examination or assessment ordered under s. 938.295 (1), 938.34 (14s) (b) 1., 938.343 (10) (a) or 938.344 (2g) (a) 1.

AB130-engrossed,336,11 2. Any special treatment or care that relates to alcohol or other drug abuse services ordered under s. 938.34 (6) (a) or (am).

AB130-engrossed,336,13 3. Any alcohol or other drug abuse treatment or education ordered by a court under s. 938.32 (1g) or 938.34 (6) (a) or (am), (6r) or (14s) (b) 1. or 2.

AB130-engrossed,336,14 (b) "Municipality" means a city, village or town.

AB130-engrossed,337,2 (2) (a) 1. If a juvenile's parent is unable to provide or refuses to provide court-ordered alcohol and other drug abuse services for the juvenile through his or her health insurance or other 3rd-party payments, notwithstanding s. 938.36 (3) the court assigned to exercise jurisdiction under this chapter and ch. 48 or municipal court may order the parent to pay for the alcohol and drug abuse services. If the parent consents to provide alcohol and other drug abuse services for a juvenile through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the alcohol and other drug abuse services the court assigned to exercise jurisdiction under this chapter and ch. 48 or municipal court may order the health insurance provider or 3rd-party payer to pay for the alcohol and other drug abuse services in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.

AB130-engrossed,337,4 2. This paragraph applies to payment for alcohol and other drug abuse services in any county, regardless of whether the county is a pilot county under s. 938.547.

AB130-engrossed,337,7 (am) 1. If a court assigned to exercise jurisdiction under this chapter and ch. 48 in a county that has a pilot program under s. 938.547 finds that payment is not attainable under par. (a), the court may order payment in accordance with par. (b).

AB130-engrossed,337,11 2. If a court assigned to exercise jurisdiction under this chapter and ch. 48 in a county that does not have a pilot program under s. 938.547 finds that payment is not attainable under par. (a), the court may order payment in accordance with s. 938.34 (6) (ar) or 938.36.

AB130-engrossed,337,15 3. If a municipal court finds that payment is not attainable under par. (a), the municipal court may order the municipality over which the municipal court has jurisdiction to pay for any alcohol and other drug abuse services ordered by the municipal court.

AB130-engrossed,337,21 (b) 1. In counties that have a pilot program under s. 938.547, in addition to using the alternative provided for under par. (a), the court assigned to exercise jurisdiction under this chapter and ch. 48 may order a county department of human services established under s. 46.23 or a county department established under s. 51.42 or 51.437 in the juvenile's county of legal residence to pay for the alcohol and other drug abuse services whether or not custody has been taken from the parent.

AB130-engrossed,337,25 2. If a judge orders a county department established under s. 51.42 or 51.437 to provide alcohol and other drug abuse services under this paragraph, the provision of the alcohol and other drug abuse services shall be subject to conditions specified in ch. 51.

AB130-engrossed,338,8 (c) Payment for alcohol and other drug abuse services by a county department or municipality under this section does not prohibit the county department or municipality from contracting with another county department, municipality, school district or approved treatment facility for the provision of alcohol and other drug abuse services. Payment by the county or municipality under this section does not prevent recovery of reasonable contribution toward the costs of the court-ordered alcohol and other drug abuse services from the parent which is based upon the ability of the parent to pay. This subsection is subject to s. 46.03 (18).